ELJ, Inc. v. Jefferys (Lawyers Weekly No. 14-16-0683, 9 pp.) (Donna Stroud, J.) Appealed from Onslow County Superior Court (Gary Trawick, J.) N.C. App. Unpub. Holding: Even though there was a broad arbitration clause in the parties’ contract relating to ...Read More »
Beiler v. Fifth Third Bank (Lawyers Weekly No. 14-03-0604, 11 pp.) (Thomas Schroeder, J.) 1:13-cv-00867; M.D.N.C. Holding: Since the arbitration clause in the defendant-bank’s credit card contract is so broad, the court orders arbitration of the bank’s fraud and negligent ...
Tagged with: misrepresentation claimsRead More »
Arbitration – Procedural Unconscionability – Substantively Enforceable – Real Property – Mobile Home – Mortgages – Civil Practice – Federal Jurisdiction – Diversity
Mansfield v. Vanderbilt Mortgage & Finance, Inc. (Lawyers Weekly No. 14-02-0595, 17 pp.) (Louise Flanagan, J.) 7:13-cv-00257; E.D.N.C. Holding: Even though the defendant-lender engaged in procedural naughtiness by rushing the plaintiff-borrower through the closing and not pointing out the undistinguished ...
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Bookman v. Britthaven, Inc. (Lawyers Weekly No. 14-07-0339, 14 pp.) (Robert C. Hunter, J.) Appealed from Wilson County Superior Court (Milton Fitch Jr., J.) N.C. App. Holding: A patient’s husband and daughter executed a dozen documents to have her admitted ...Read More »
Arbitration – First Impression – Corporate Principals – Piercing the Veil – Defunct Corporation – Breach of Contract Claim
Cold Springs Ventures, LLC v. Gilead Sciences, Inc. (Lawyers Weekly No. 14-15-0328, 21 pp.) (John Jolly Jr., Ch.J.) 2014 NCBC 10 Holding: In order to determine whether plaintiffs, as principals of a now-defunct corporation, will be required to arbitrate defendant ...
Tagged with: Breach of ContractRead More »
Arbitration – Civil Practice – Unauthenticated Documents – Loan Agreements – Online Lenders – Originating Banks – Usury Claim
Dillon v. BMO Harris Bank, N.A. (Lawyers Weekly No. 14-03-0224, 7 pp.) (Catherine Eagles, J.) 1:13-cv-00897; M.D.N.C. Holding: Defendants seek to compel arbitration based on arbitration clauses in the loan agreements referenced in the complaint; however, plaintiff disputes the authenticity ...
Tagged with: loan transactionsRead More »
Knox v. First Southern Cash Advance (Lawyers Weekly No. 14-07-0110, 10 pp.) (Sanford L. Steelman Jr., J.) Appealed from New Hanover County Superior Court (D. Jack Hooks Jr., J.) N.C. App. Holding: For the reasons set forth in Torrence v. ...
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Torrence v. Nationwide Budget Finance (Lawyers Weekly No. 14-07-0112, 47 pp.) (Sanford L. Steelman Jr., J.) Appealed from New Hanover County Superior Court (D. Jack Hooks Jr., J.) N.C. App. http://appellate.nccourts.org/opinions/?c=2&pdf=29423 Holding: The N.C. Supreme Court’s decision in Tillman v. ...Read More »
Elliott v. KB Home North Carolina, Inc. : In a case where the named plaintiffs filed their proposed class action on Dec. 5, 2008, and defendant participated in litigation (while plaintiffs were incurring legal fees of $100,000) without demanding arbitration until March 28, 2012, defendant has waived its right to arbitration against both the named and unnamed plaintiffs.
Tagged with: contractual rightsRead More »